CLA-2-55:RR:NC:TA:352 D87362

Mr. Leo Hizon
Metro Textile Inc.
South Coast Metro Center
575 Anton Blvd., #640
Costa Mesa, California 92626

RE: The tariff classification of dyed polyester woven fabric from Thailand or Taiwan.

Dear Mr. Hizon:

In your letter dated January 26, 1999 you requested a classification ruling.

The submitted sample, designated as style #4128, is a dyed twill woven fabric which has been brushed on one side creating a napped surface. Although your letter states that this product is wholly of textured polyester filament yarns, laboratory analysis indicates that the fabric is composed of 100% staple polyester. It contains 69.7 single yarns per centimeter in the warp and 36.2 single yarns per centimeter in the filling. Weighing 156.3 g/m2, this fabric will be imported in 147 centimeter widths.

The applicable subheading for the woven fabric will be 5512.19.0045, Harmonized Tariff Schedule of the United States (HTS), which provides for woven fabrics of synthetic staple fibers, containing 85 percent or more by weight of synthetic staple fibers, containing 85 percent or more by weight of polyester staple fibers, other, other, satin weave or twill weave. The duty rate will be 15.3 percent ad valorem.

This product falls within textile category designation 617. Based upon international textile trade agreements products of Thailand oe Taiwan are subject to quota and the requirement of a visa. The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Alan Tytelman at 212-637-7092.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division